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Duty exemption available as there is no transfer in violation of actual user condition

February 10, 2023 1230 Views 0 comment Print

Bombay High Court held that there is no transfer of property in goods when furniture manufactured is transferred from one unit to other. Hence, there would be no violation of condition (i) or (vii) of the Notification No. 30/97-CUS dated 1 April 1997 as there is no transfer in violation of the actual user condition.

Addition of unexplained cash credit sustained as genuineness and creditworthiness not proved

February 10, 2023 1512 Views 0 comment Print

ITAT Pune held that addition of unexplained cash credit sustained as mere filing of documentary evidence doesnt absolve proving of genuineness and creditworthiness of the unsecured loans.

Deduction u/s 10A allowed based on post facto extension

February 10, 2023 930 Views 0 comment Print

ITAT Bangalore held that deduction under section 10A/ 10B of the Income Tax Act allowable as the assessee has obtained post facto approval from RBI coupled with the fact that it has also realized the said amounts.

Non-resident income not taxable simply by mentioning of status as resident in the return

February 10, 2023 1494 Views 0 comment Print

ITAT Mumbai held that income of non-resident not taxable in India merely because the status of the assessee was wrongly mentioned as resident in the original return of income.

Claim of extra payment unsustainable in absence of any documentary evidence

February 10, 2023 657 Views 0 comment Print

CESTAT Mumbai held that claim of extra payment of tax without any documentary evidence (except arithmetical calculation) is not adjustable and unsustainable in law.

Penalty u/s. 271C not imposable on a non-taxable entity

February 10, 2023 828 Views 0 comment Print

ITAT Dehradun held that Uttarakhand Environment Protection and Pollution Control Board (UEPPCB) is a corporation which has been constituted under a Central Act, no tax was deductible. Accordingly, penalty u/s 271C of the Income Tax Act cannot be levied on a non-taxable entity.

Addition u/s 69 unsustainable as investment is out of NRI Repatriation funds

February 10, 2023 3756 Views 0 comment Print

ITAT Ahmedabad held that addition u/s 69 of the Income Tax Act as unexplained investment unsustainable as the investment is out of the NRI Repatriation funds came outside India and which is not taxable in India.

Addition u/s 69B based on document not containing name of assessee is unsustainable

February 10, 2023 2007 Views 0 comment Print

ITAT Bangalore held that addition under section 69B of the Income Tax Act for unexplained investment solely on the basis of the document that didn’t contained name of the assessee is unsustainable as the same is outside the purview of definition of section 153C(1)(a) & (b).

Charging of late TDS statement filing fees prior to 01.06.2015 is untenable

February 10, 2023 1845 Views 0 comment Print

ITAT Raipur held that charging of late fees of delay in filing of TDS statement under section 234E of the Income Tax Act is effective only from 01.06.2015. Charging the same for period prior to 01.06.2015 is untenable in law.

Penalty u/s. 271(1)(c) unsustainable as no adjustment on transfer pricing issue wouldn’t subsist

February 10, 2023 2073 Views 0 comment Print

ITAT Delhi held that as no adjustment on transfer pricing issue would subsist and therefore there is no question of penalty u/s. 271(1)(c) of the Income Tax Act on such addition.

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